Territories: Powers of Congress Over

Territories: Powers of Congress Over

In the territories, Congress has the entire dominion and sovereignty, national and local, and has full legislative power over all subjects upon which a state legislature might act.316 It may legislate directly with respect to the local affairs of a territory or it may transfer that function to a legislature elected by the citizens thereof,317 which will then be invested with all legislative power except as limited by the Constitution of the United States and acts of Congress.318 In 1886, Congress prohibited the enactment by territorial legislatures of local or special laws on enumerated subjects.319 The constitutional guarantees of private rights are applicable in territories which have been made a part of the United States by congressional action320 but not in unincorporated territories.321 Congress may establish, or may authorize the territorial legislature to create, legislative courts whose jurisdiction is derived from statutes enacted pursuant to this section other than from article III.322 Such courts may exercise admiralty jurisdiction despite the fact that such jurisdiction may be exercised in the States only by constitutional courts.323